ORIGINAL HOUSE ENGROSSED

BILL NO. 0169

ENROLLED ACT NO. 123, HOUSE OF REPRESENTATIVES

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

AN ACT relating to off-road recreational vehicles; defining
off-road recreational vehicle and Wyoming off-road
recreational vehicle trail; requiring registration decals
for off-road recreational vehicles used on Wyoming trails
as specified; imposing a penalty; establishing fees;
providing procedures for registration, collection and
distribution of fees; assigning duties to the department of
state parks and cultural resources; establishing a special
enterprise fund account and specifying uses of user
registration fee collections; providing exemptions; and
providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 31-2-701 through 31-2-707 are created
to read:

ARTICLE 7

OFF-ROAD RECREATIONAL VEHICLES

31-2-701. "Definitions.

(a) Except as otherwise provided, as used in this
act:

(i) "Off-road recreational vehicle" means as
defined in W.S. 31-1-101(a)(xv)(K);

(ii) "Wyoming off-road recreational vehicle
trail" means an off-road recreational vehicle trail
specifically designated, marked or signed by the department
as a Wyoming off-road recreational vehicle trail.

Page 1

31-2-702. Registration selling agents; application
for trail user registration decal; affidavit required if
vehicle serial number not visible; penalty.

(a) The department of state parks and cultural
resources through the division of state parks and historic
sites, shall in accordance with W.S. 36-4-123, appoint
agents to sell off-road recreational vehicle trail user
registration decals. Each selling agent shall retain one
dollar ($1.00) for each trail user registration decal sold.
Designated department employees may sell trail registration
user decals under this article and if decals are sold, the
employee shall not receive any commission on user
registration fees collected under this article.

(b) Beginning January 1, 2002, each owner of an off-
road recreational vehicle shall for each vehicle used on
Wyoming off-road recreational vehicle trails as established
and administered by the department, annually file in
writing and in duplicate with any designated registration
selling agent, an application for trail user registration
of the off-road recreational vehicle. The application shall
state the name and address of the owner, the name of the
applicant and the make, model and identifying serial number
of the off-road recreational vehicle. If the vehicle
identifying serial number is not legible or visible, the
applicant shall upon a form provided by the department,
provide proof of ownership by affidavit certified in
writing. Any person knowingly presenting a false or
fraudulent statement under this subsection is subject to
the penalties provided by W.S. 6-5-303.

(c) Any person who operates an off-road recreational
vehicle on any Wyoming off-road recreational vehicle trail
without a decal required under this article is guilty of a

Page 2

misdemeanor and upon conviction, shall be fined not more
than one hundred dollars ($100.00).

31-2-703. Required user registration fee; disposition
of fees; duties of department of state parks and cultural
resources.

(a) The owner of an off-road recreational vehicle
which will be operated on Wyoming off-road recreational
vehicle trails shall, upon filing of an application, pay to
the registration selling agent an annual user registration
fee of fifteen dollars ($15.00).

(b) The registration selling agent shall forward to
the department of state parks and cultural resources the
original copy of the user registration application together
with fourteen dollars ($14.00) collected under subsection
(a) of this section.

(c) There is created an off-road recreational vehicle
trails account within the enterprise fund. The fees
received by the department of state parks and cultural
resources under this article shall be deposited into the
account created by this subsection and shall be expended by
the department for the administration of the off-road
recreational vehicle trails program.

(d) The department of state parks and cultural
resources shall:

(i) Administer the Wyoming off-road recreational
vehicle trails program;

(ii) Furnish a sufficient quantity of numbered
decals and application forms to each registration selling
agent;

Page 3

(iii) Keep full and complete records of all
registered off-road recreational vehicles; and

(iv) Consult with the Wyoming trails advisory
council to assist the department to establish and maintain
adequate off-road recreational vehicle trails.

31-2-704. Payment of fees; issuance of numbered
decal; trespass warning printed on decal.

(a) Upon receipt of user registration fees imposed
under this article, the selling agent shall issue a
numbered decal which shall be prominently displayed on the
off-road recreational vehicle.

(b)  Numbered decals issued under this article shall
contain the following language: "Warning: trespass upon
private property while operating an off-road recreational
vehicle is punishable by imprisonment up to six (6) months,
a fine up to seven hundred fifty dollars ($750.00), or
both, under W.S. 6-3-303."

31-2-705. Lost, mutilated or destroyed decal.

In the event of loss, mutilation or destruction of any
numbered decal, the owner of an off-road recreational
vehicle may obtain a duplicate or new numbered decal from
any authorized selling agent or any employee of the
department of state parks and cultural resources upon
filing an affidavit explaining the loss, mutilation or
destruction of the original numbered decal and paying a fee
of two dollars ($2.00). The selling agent shall forward to
the department of state parks and cultural resources one
dollar ($1.00) of each fee collected under this section to
be deposited in the account created by W.S. 31-2-703(c).

Page 4

31-2-706. Duration of decal.

Each decal issued under this article is effective for the
calendar year and shall expire on December 31 of the
registration year.

31-2-707. Exemptions.

(a) Off-road recreational vehicles owned or used by a
governmental agency are exempt from this article.

(b) In addition to subsection (a) of this section,
the off-road recreational vehicle trail user registration
required under this article may be waived on an annual
basis by the director of the department of state parks and
cultural resources for any area designated by the
department through a cooperative agreement whereby other
governmental agencies agree to contribute to the off-road
recreational vehicle trail maintenance and grooming for
that area.

Page 5

Section 2.  This act is effective January 1, 2002.

(END)

Speaker of the House President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

Page 6